1995 No. 562

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The National Health Service (Determination of Districts) Order 1995

Made

Laid before Parliament

Coming into force

The Secretary of State for Health, in exercise of powers conferred on her by sections 8(1), (2) and (4) and 126(4) of the National Health Service Act 19771 and of all other powers enabling her in that behalf, hereby makes the following Order:

Citation, commencement and interpretation1

1

This Order may be cited as the National Health Service (Determination of Districts) Order 1995 and shall come into force on 1st April 1995.

2

In this Order, unless the context otherwise requires—

  • “the Act” means the National Health Service Act 1977;

  • “the material date” means 1st April 1995;

  • “the new authorities” means the health authorities specified in Schedule 2 to the National Health Service (District Health Authorities) Order 19952, being in each case an authority established by that Order;

  • “the old authorities” means the health authorities specified in Schedule 1 to that Order, being—

    1. a

      in the case of the North West Surrey Health Authority and in the case of the South West Surrey Health Authority, authorities established by the National Health Service (District Health Authorities) Order 19933;

    2. b

      in the case of the South and East Cheshire Health Authority, an authority established by the National Health Service (District Health Authorities) (No.2) Order 19934; and

    3. c

      in all other cases, authorities the establishment of each of which was continued by the National Health Service (District Health Authorities) Order 19905;

  • “the relevant new authority”—

    1. a

      as respects the old authorities Chester Health Authority and South and East Cheshire Health Authority, means South Cheshire Health Authority;

    2. b

      as respects the old authorities Chichester Health Authority, Mid Downs Health Authority and Worthing District Health Authority, means West Sussex Health Authority;

    3. c

      as respects the old authorities North West Surrey Health Authority and South West Surrey Health Authority, means Western Surrey Health Authority;

    4. d

      as respects the old authorities East Surrey Health Authority and Mid Surrey Health Authority, means Eastern Surrey Health Authority;

  • “the 1981 Order” means the National Health Service (Determination of Districts) Order 19816.

Variation of districts2

1

The districts specified in Schedule 1 to this Order are hereby abolished.

2

There are determined four new districts, to be known by the names specified in column (1) of Schedule 2 to this Order, and each comprising the former districts shown in relation to it in column (2) of that Schedule.

3

North Cheshire District is varied so as to exclude the parishes of Alvanley, Antrobus (as altered by the Macclesfield and Vale Royal (Areas) Order 19827), Aston, Dutton, Frodsham, Great Budworth, Helsby, Kingsley, Manley, Norley, Sutton and Whitely in the district of Vale Royal, in the county of Cheshire.

4

Wirral District is varied so as to exclude the area of the former urban district of Neston, in the borough of Ellesmere Port and Neston in the county of Cheshire.

5

In Part I of Schedule 1 to the 1981 Order—

a

the entries in columns (1), (2) and (3) relating to Chester District, Chichester District, East Surrey District, Mid Downs District, Mid Surrey District, North Cheshire District, North West Surrey District, South and East Cheshire District, South West Surrey District, Wirral District and Worthing District are omitted;

b

at the appropriate point there are inserted in columns (1), (2) and (3) the entries set out in columns (1), (2) and (3) respectively of Schedule 3 to this Order.

6

In paragraph (5)(b) of this article “the appropriate point” means—

a

in relation to Eastern Surrey District, after the entries relating to Croydon District;

b

in relation to Western Surrey District, after the entries relating to South East London District;

c

in relation to West Sussex District, after the entries relating to West Kent District;

d

in relation to North Cheshire District, after the entries relating to Morecambe Bay District;

e

in relation to South Cheshire District, after the entries relating to Sefton District;

f

in relation to Wirral District, after the entries relating to West Pennine District.

Transfer of officers employed by District Health Authorities3

1

Except as provided by paragraph (2) of this article, any officer employed immediately before the material date by any of the old authorities is transferred on the material date to the employment of the relevant new authority, and the contract of employment of that officer is modified so as to substitute as the employer the relevant new authority.

2

Where—

a

this article makes provision for the transfer of an officer, and

b

the officer in question is employed jointly by any of the old authorities and another person,

that provision shall have effect to transfer that officer to the employment of the relevant new authority and that other person jointly, and the contract of employment of that officer is modified so as to substitute the relevant new authority as one of the joint employers.

Preservation of training arrangements4

Training arrangements made by any of the old authorities under which any officer transferred by this Order is undergoing, or is to undergo, a course of training or has entered, or is going to enter, into an apprenticeship, and which have not been discharged before the material date, continue to apply with the substitution for the old authority of the relevant new authority.

Enforceability of rights5

Subject to the following provisions of this Order, any right which was enforceable by or against any of the old authorities is enforceable by or against the relevant new authority.

Winding up of affairs of old authorities6

It is the duty of each new authority to take, in accordance with such directions as may be given by the Regional Health Authority in whose region the district of the new authority is situated, such action as may be necessary for the winding up of the affairs of any old authority in relation to which it is the relevant new authority.

Accounts of old authorities7

Any duty imposed on any of the old authorities by section 988 of the Act, but not performed by the material date, shall be performed by the relevent new authority in accordance with the provisions of that section, any regulations made under that section and any directions which may be given by the Secretary of State.

Provision for continuity in exercise of functions8

1

Anything duly done by, or any application duly made by, or any direction, authorisation or notice duly given to or by, any of the old authorities is deemed to have been duly done by, or made or given to or by, the relevant new authority.

2

Any instrument made by any of the old authorities continues in force, unless it is expressed to cease to be in force sooner, until it is varied or revoked by the relevant new authority.

3

Any form supplied by any of the old authorities and any form supplied by the Secretary of State relating to any of the old authorities continues to be a valid form in relation to the relevant new authority until it is cancelled or withdrawn by the Secretary of State or, as the case may be, the relevant new authority, as if any reference contained in the form to any of the old authorities were a reference to the relevant new authority.

Accommodation and services made available on payment of charges9

To the extent that any accommodation and services at any hospital in the district of any of the old authorities are, immediately before the material date, authorised to be made available under section 659 of the Act, they continue to be authorised to be made available under that section, to the extent determined by that old authority, on or after that date until such authorisation is varied or revoked by the relevant new authority.

Investigation of complaints by Health Service Commissioner10

1

A complaint made under the Health Service Commissioners Act 199310 to the Health Service Commissioner for England in relation to any of the old authorities, whether made before, on or after the material date, may be investigated by that Commissioner, notwithstanding the abolition of that authority, as if the complaint had been made in relation to the relevant new authority.

2

The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the new authority and to the Regional Health Authority in whose region the district of that new authority is situated.

Transfer of trust property of old authorities11

Any trust property vested immediately before the material date in any of the old authorities shall on the material date be transferred to the relevant new authority.

Exercise of powers in relation to trusts12

Where, immediately before the material date, any power to appoint trustees of a charity connected with purposes relating the the health service11 is under the trusts of the charity vested in any of the old authorities, that power vests on the material date in the relevant new authority.

Appointment of new trustees13

Where, under the trusts of a charity connected with health service purposes, the charity trustees immediately before the material date include a person who is a trustee by virtue of his office with any of the old authorities, the trustees shall from that date instead include the holder of the corresponding office with the relevant new authority.

Signed by authority of the Secretary of State for Health

Tom SackvilleParliamentary Under Secretary of State,Department of Health

SCHEDULE 1DISTRICTS ABOLISHED

Article 2(1)

  • Chester District

  • Chichester District

  • East Surrey District

  • Mid Downs District

  • Mid Surrey District

  • North West Surrey District

  • South and East Cheshire District

  • South West Surrey District

  • Worthing District

SCHEDULE 2OLD AND NEW DISTRICTS

Article 2(2)

(1)

(2)

Name of new district

Name of former district

Eastern Surrey District

East Surrey District

Mid Surrey District

South Cheshire District

Chester District

South and East Cheshire District

Western Surrey District

North West Surrey District

South West Surrey District

West Sussex District

Chichester District

Mid Downs District

Worthing District

SCHEDULE 3ENTRIES INSERTED IN PART I OF SCHEDULE 1 TO THE NATIONAL HEALTH SERVICE (DETERMINATION OF DISTRICTS) ORDER 1981

Article 2(5)

(1)

(2)

(3)

No. of Region

Name of district

Description of district

5

Eastern Surrey District

In the county of Surrey—

  • the boroughs of Epsom and Ewell, and Reigate and Banstead;

  • the districts of Mole Valley and Tandridge;

  • in the borough of Elmbridge, the wards (as altered by the Borough of Elmbridge (Electoral Arrangements) Order 197512), of Cobham and Downside, Cobham Fairmile, and Oxshott and Stoke D'Abernon; and the area of the former urban district of Esher.

5

Western Surrey District

In the county of Surrey—

  • the boroughs of Guildford, Runnymede, Spelthorne, Surrey Heath, and Woking;

  • in the borough of Elmbridge, the area of the former urban district of Walton and Weybridge;

  • the district of Waverley.

5

West Sussex District

In the county of West Sussex—

  • the districts of Adur, Arun, Chichester, Crawley, Horsham, Mid Sussex, and Worthing.

8

North Cheshire District

In the county of Cheshire—

  • the boroughs of Halton and Warrington.

8

South Cheshire District

In the county of Cheshire—

  • the city of Chester;

  • the boroughs of Congleton, Crewe and Nantwich, Ellesmere Port and Neston, and Macclesfield (as altered by the Macclesfield and Vale Royal (Areas) Order 198213);

  • the district of Vale Royal.

8

Wirral District

In the county of Merseyside—

  • the borough of Wirral.

(This note is not part of the Order)

This Order abolishes on 1st April 1995 the districts of Chester, Chichester, East Surrey, Mid Downs, Mid Surrey, North West Surrey, South and East Cheshire, South West Surrey and Worthing, determines new districts and varies other districts, for the purposes of the National Health Service Act 1977 (article 2).

This Order makes provision for the transfer of officers from health authorities abolished on 1st April 1995 by the National Health Service (District Health Authorities) Order 1995 to the relevant new authorities established by that Order (article 3), and for the transfer of rights and liabilities of the abolished authorities (article 5). It also makes further provision consequential on the establishment of the new authorities.

This Order also makes amendments to Part I of Schedule 1 to the National Health Service (Determination of Districts) Order 1981 which specifies districts for the purposes of the National Health Service Act 1977 and describes the areas which comprise those districts (Schedule 3).